South Australian Consolidated Acts

SOUTHERN STATE SUPERANNUATION ACT 2009 - SECT 29

29—Resolution of difficulties

        (1)         If, in the opinion of the Board, any doubt or difficulty arises in the application of this Act or the regulations to particular circumstances or the provisions of this Act or the regulations do not address particular circumstances that have arisen, the Board may give such directions as are reasonably necessary to resolve the doubt or difficulty or to address the circumstances (but only insofar as the Board determines it to be fair and reasonable in the circumstances) and any such direction will have effect according to its terms.

        (2)         If, in the opinion of the Board—

            (a)         a time limit under this Act or the regulations should be extended in particular circumstances; or

            (b)         a procedural step under this Act or the regulations should be waived in particular circumstances,

the Board may extend the time limit (even if it has already expired) or waive compliance with the procedural step.

        (3)         In determining whether to take action under subsection (2), the Board should have regard to—

            (a)         in a case under subsection (2)(a)—

                  (i)         the length of delay that has occurred; and

                  (ii)         the explanation for the delay; and

                  (iii)         any hardship that will occur if the time limit is not extended; and

                  (iv)         the extent to which it will cause any unfairness if the time limit is not extended; and

                  (v)         any other relevant factor;

            (b)         in a case under subsection (2)(b)—

                  (i)         the conduct of the person who would benefit from the action; and

                  (ii)         any hardship that will occur if the procedural step is not waived; and

                  (iii)         the extent to which it will cause any unfairness if the procedural step is not waived; and

                  (iv)         any other relevant factor.

        (4)         Subsections (2) and (3) do not derogate from any other provision of this Act or the regulations that makes specific provision for the extension of time.

        (5)         If the Board gives a direction under subsection (1), or extends a time limit or waives compliance with a procedural step under subsection (2), the Board's report to the Minister in respect of the financial year in which the Board takes that action must include details of the action.